Friday, July 4, 2008

Geller: Preserve Avalon's Rural Character

I live in a neighborhood in the West Windermere Rural Settlement District, near Fiquette and C.R. 535, and hope to represent you on the Orange County Commission.

I grew up on two acres of land, half of it wooded, in Amberley Village, Ohio, outside of Cincinnati. I spent my childhood blazing trails and playing in the backyard creek beds. To maintain a rural ambiance, Amberley requires large lots, parks, and greenbelts between streets, while prohibiting sidewalks and streetlights.

I married into an agricultural family. My wife, Gabriela, is from a small village in Argentina, where her parents, grandparents, and great-grandparents have worked the land as farmers and ranchers since the late 1800’s. My four children—Hannah, Max, Melissa, and Caroline—and I ride horses on our visits to my wife’s family.

Orange County reversed longstanding policy and, due to liability concerns, no longer allows horseback riding on Conserve II land. This policy, however, is inconsistent with the County allowing ten miles of horseback riding on the West Orange Trail (which links to the Clarcona Horse Park). I am an attorney and, having reviewed Florida law, determined that, with some exceptions, one who sponsors horseback riding “is not liable for an injury to…a participant in equine activities resulting from the inherent risks of equine activities.” As a Commissioner, I would urge the County to again permit horseback riding on Conserve II land by those who sign a release and indemnity agreement. We can protect Orange County against unwarranted lawsuits while restoring Avalon residents’ recreational opportunities.

Before the 429 opened, I often drove through Avalon on C.R. 545 on my way between home and Tampa. Carol Johnson gave me an in-depth tour of Avalon, on roads less traveled. To adequately buffer Avalon from more intense land uses in Horizon West, such as landfills (which often seek expansion), high density residential neighborhoods, and the Town Center commercial district, will pose challenges in the years ahead. My experience as a community volunteer, working to buffer and protect neighborhoods, would lend itself well to helping Avalon deal with these issues.

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About this Blog

I converted my old campaign website into this blog. After Commissioner Boyd appointed me to the Orange County Planning and Zoning Board, I decided to use this blog to discuss issues of importance affecting local government, and to expound on ideas for improving our built environment.

At community meeting after community meeting, citizens express outrage and opposition to new development proposals. Citizens appear before the Planning and Zoning Board, fearful that approval will enable another McDonald's with cartoon architecture or another strip shopping center with a massive, half-empty parking lot in front. Attitudes toward our built environment range mostly from dislike to indifference.

The 1960s-era suburban sprawl model causes traffic congestion, traps our children, the disabled, and elderly in subdivisions without transportation, and produces strip commercial development of poor aesthetic quality. We build sidewalks without shade trees despite Florida's oppresive summer heat. We build subdivisions with 60% or more of each house front devoted to a blank garage. Having turned our roadways into highways, our kids can no longer walk to school.

There is a better way. We are fortunate to have real-world models in Central Florida founded on principles of New (and traditional) Urbanism--Baldwin Park, Celebration, Avalon Park, and Winter Park's Park Avenue--for all to experience. However, our zoning codes make walkable communities illegal (without jumping through innmerable hoops).

I am hopeful this blog will help educate about the benefits of form-based zoning reforms enacted in 2010 in Miami and Denver and under consideration in other cities. The new codes, over the course of decades, can change development configurations from suburban sprawl to walkable urbanism. I compiled the links below to provide you with a multitude of sources. I am hopeful you will join me in advocating a better way.

Rick

"The Legality of Form-Based Zoning Codes," Journal of Land Use... (FL State Univ School of Law)

About Rick

I am a partner with Fishback Dominick in Winter Park, a law firm founded in 1935, where I practice in the areas of business and commercial litigation and, on a selective basis, land use law. I taught Land Use Law as an adjunct professor in the Master of Planning in Civic Urbanism program at Rollins College, in Winter Park, Florida for three years. I previously served as an Orange County Planning and Zoning Commissioner, appointed by District 1 Commissioner Scott Boyd. I reside in Winter Park with my wife, Gabriela, and four terrific kids.

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Below you'll find links to interesting blogs and websites relating to transportation, the law, and the built environment. I don't necessarily agree with all positions taken by the blogging authors, but generally find them well-informed and thoughtful.